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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DARREN CARTER, Defendant-Appellant.

Since defendant did not move to withdraw his plea or vacate the judgment of conviction, he has not preserved his challenge to the sufficiency of the plea allocution. This case does not fall within the narrow exception to the preservation requirement set forth in People v. Lopez ( 71 N.Y.2d 662), and we decline to review defendant's claim in the interest of justice. Were we to review this claim, we would reject it since every element of the crime may be readily inferred from defendant's factual allocution ( see People v. McGowen, 42 N.Y.2d 905).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

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PEOPLE v. CARTER
(May 18, 2004)